Law: Penal Code (XLV of 1160)

Section: 302(b)

Pakistan Penal Code, 1860 (XLV of 1860)-- —S. 302(b)-Murder--Offence of--Conviction and sentence-Challenge to-Recovery of pistol made in violation of S. 103 Cr.P.C-Motive not proved-Witnesses closely related to deceased-Maintainability of capital punishment-Validity-Neither any FIR was produced before trial Court nor any other documentary evidence brought on record to prove motive that deceased was not one of accused of murder of grandfather ol appellant-Trial Court has disbelieved motive-It was stated by these two eye-witnesses in their statements before police that they had seen occurrence in search light but before Trial Court they have stated that they had seen occurrence in torch light-Neither search light nor torch light was produced before police so their presence at spot is doubtful-After occurrence they ran from spot and they kept torch with them and saw accused for 15 minutes-This is also most unnatural that they did not inform complainant just after occurrence but early in morning they informed complainant-On the same evidence three accused have been acquitted by trial Court-Both eye-witnesses are closely related to       Cr.C. 479 deceased-There is no independent corroboration--Held: Eye-witnesses account is not so trustworthy on which conviction can be maintained-Appeal accepted extending benefit of doubt to appellants. [Pp. 480 & 481] A, B, C & D Date of hearing: 20.2.2003.                                                                                                              judgment This judgment will dispose of Cr. Appeal No. 1852 of 2001 filed by Muhammad Yahya and Muhammad Riaz, appellants who were convicted u/S. 302(b) PPC and sentenced to undergo Imprisonment for life with further direction to pay Rs. 50,000/- as compensation by learned Addl. Sessions Judge, Kasur vide judgment dated 30.10.2001. 2.   Brief facts of the case are…